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STATE EX REL. DE CONCINI v. GATEWOOD

No. 2 CA-CIV 734.

10 Ariz. App. 274 (1969)

458 P.2d 368

The STATE of Arizona ex rel., Dino DE CONCINI, City Attorney of the City of Tucson, Petitioner, v. The Honorable Charles GATEWOOD, magistrate of the City Court in and for the City of Tucson and Jesse Joe BAILEY, the real party in interest, Respondents.

Court of Appeals of Arizona.

Rehearing Denied October 6, 1969.

Review Denied November 12, 1969.

Attorney(s) appearing for the Case

Enos P. Schaffer, City Atty., City of Tucson, by J. Dan O'Neill, Asst. City Atty., for petitioner.

Mesch, Marquez & Rothschild, by John K. Mesch, Tucson, for respondents.

MOLLOY, Chief Judge.

This is a certiorari proceeding to review the dismissal of criminal complaint filed in the City Court of the City of Tucson charging a violation of § 11-18 of the Tucson Code. This section purports to make it unlawful for the owner or the operator of a bar or tavern "* * * to allow any person of the general public to loiter in or frequent such places * * *" between the hours of 1:00 a.m. and 6:00 a.m. on any week day or between 1:00 a.m....

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